Punjab-Haryana High Court
Khazani Deceased Th Lrs Ram Kishor And ... vs State Of Haryana And Ors on 23 January, 2017
Author: Arun Palli
Bench: Arun Palli
RFA No.4140 of 2016(O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
RFA No.4140 of 2016(O&M)
Date of decision: 23.01.2017
Khazani (deceased) through LRs and others
... Appellants
Versus
State of Haryana and others
... Respondents
CORAM: HON'BLE MR. JUSTICE ARUN PALLI
Present: Mr. Jagjot Singh, Advocate for
Mr. Kunal Dawar, Advocate for the appellants.
ARUN PALLI, J. (Oral)
CM-11472-CI-2016 Allowed, as prayed for.
CM-11473-CI-2016 For the reasons set out in the application, which is duly supported by an affidavit, the same is allowed subject to all just exceptions. Consequently, the LRs of late Khazani w/o Sh. Pritam (appellant No.1), as depicted in para 3 of the application, are brought on record for the purpose of pursing the present appeal only.
CM-11474-CI-2016 For the reasons set out in the application, which is duly supported by an affidavit, the same is allowed subject to all just exceptions. Consequently, leave is granted to the applicants/LRs of late Pohap Singh s/o Sh. Jai Narayan (appellant No.2), as depicted in para 3 of the application, to institute and maintain the present appeal. CM-11475-CI-2016 This is an application seeking condonation of delay of 2022 days in filing the accompanying appeal.
All what has been urged by learned counsel for the applicants is that the matter in issue is squarely covered by the judgment, dated For Subsequent orders see RFA-4141-2016, RFA-4149-2016, RFA-4150-2016 and 2 more.
1 of 2 ::: Downloaded on - 04-02-2017 07:27:17 ::: RFA No.4140 of 2016(O&M) 2 28.03.2016, rendered by this court in RFA No.2322 of 2011 [Usha Rani and others v. State of Haryana and others] and other connected cases, vide which in the appeals arising out of the same acquisition, this court had enhanced the compensation awarded to the landowners to ` 48,57,000/- per acre.
Notice.
Ms. Safia Gupta, AAG, Haryana, and Mr. Pritam Singh Saini, Advocate, present in court, accepts notice on behalf of respondents No.1 & 2, and respondent No.3, respectively.
The factual position, as set out above, is not disputed by learned counsel for the respondents.
I have heard learned counsel for the parties and perused the record.
In the wake of the decisions of the Hon'ble Supreme Court in Imrat Lal and others v. Land Acquisition Collector and others, 2015(2) RCR (Civil) 437 and Dhiraj Singh (D) Tr. LRs. v. Haryana State and others, 2015 (2) RCR (Civil) 507, delay of 2022 days in filing the accompanying appeal is condoned. However, to balance the equities, for the period of delay in filing the appeal the applicants shall not be entitled to any interest on the enhanced compensation.
CM stands disposed of.
RFA-4140-2016 For, the learned counsel for the parties are ad idem that the matter in issue is squarely covered by the decision rendered by this court in Usha Rani's case (supra), the present appeal is disposed of in the same terms. However, the appellants shall not be entitled to interest on the enhanced compensation for the period of delay in filing the appeal i.e. 2022 days.
( Arun Palli )
January 23, 2017 Judge
Rajan
Whether speaking / reasoned: YES/NO
Whether Reportable: YES/NO
For Subsequent orders see RFA-4141-2016, RFA-4149-2016, RFA-4150-2016 and 2 more.
2 of 2 ::: Downloaded on - 04-02-2017 07:27:18 :::